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Date Posted: 04:50:06 03/28/09 Sat
Author: Bean Deattie
Subject: Re: Who Is Taking The Trib's Offer?
In reply to: PhotoStop 's message, "Re: Who Is Taking The Trib's Offer?" on 18:11:29 03/24/09 Tue

What would you do if the type were run backwards or was illegible in your stories? How about if it was an unreadable hot-pink? By my count there are several dozen photo-journalists affected by similar issues. So it is relevant.

>Pro-Beattie.
>
>Anti-Beattie.
>
>Undecided on Beattie.
>
>Ron Paul Revolution.
>
>Enough already for crying out loud. He's really not
>that big a deal.
>
>This is clearly a matter of importance to about four
>or five people who just keep signing on under
>different names, because there is simply no way in the
>world that so many people care so passionately about
>color reproduction in the Trib.
>
>God help us if there are.
>
>So while we all admire your persistence on this
>matter, could you please take your schoolyard fight
>elsewhere? (MySpace, maybe?) The rest of us have far
>more relevant topics to undertake in this
>distinguished forum -- like which paper sucks worse.
>(Depends which malcontent you ask.)
>
>
>>How about this classic web exchange:
>>Tom,
>>I would appreciate you not stealing my name. I suggest
>>you drop the photosuperstar.
>>My name is pending trademark and it looks like you are
>>just sitting on it.
>>Best,
>>Dean M. Beattie
>>photosuperstar
>>
>>Tommy Suriwong to photosuperstar
>>More options May 25 (1 day ago)
>>
>>Hi Dean,
>>I don't believe I've stolen anything. I purchased the
>>domain name legally (just like you could have) from a
>>domain registrar. Which means I have full rights to
>>the domain name unless you can provide documentation
>>of your trademark which predates my domain name
>>purchase. I did a search at the US patent and
>>trademark office for anything having to do with
>>"photo" and did not find any entries either pending or
>>approved that equated to "photosuperstar". Their site
>>says it takes about 45 days for a paper application to
>>show up on their website as pending which would
>>suggest that you filed for the trademark less than 45
>>days ago.
>>But I'll be fair...there could be some glitch in the
>>trademark's office system. If you can provide
>>documentation that you filed for the trademark before
>>the date I registered the domain name then I would be
>>willing to transfer the domain name to your for the
>>price I registered it for. If you're unable to provide
>>documentation and you'd like to purchase the name, we
>>can work something out.
>>Tommy
>>
>>photosuperstar to me
>>More options May 25 (1 day ago)
>>
>>Hi Tom,
>>It is not so much the domain name as it is the
>>"photosuperstar" name. I have been using that for
>>years, and to open a site with that name is just
>>wrong. I don't know if you have seen the name before
>>or not, but, I would appreciate you not opening a site
>>under that name. Legally it may not be mine yet, but
>>it is how I am known.
>>I will be in touch as soon as the papers go thru.
>>-Dean
>>
>>Tommy Suriwong to photosuperstar
>>More options May 25 (1 day ago)
>>
>>I have not heard of the name "photosuperstar" before.
>>I ate dinner at a restaurant called Burma Superstar in
>>San Francisco and found the name catchy. I decided to
>>register the name photosuperstar.com since it has the
>>same phonetic quality that I liked with the Burma
>>Superstar name. I was going to use the site as a hobby
>>site for a few of my
>>photos.
>>If you can provide published a few magazine or
>>newspaper articles which refer to you as
>>"photosuperstar" then the name will be transferred to
>>you for the price I paid to register it. I'm also
>>willing to accept the US patent office's application
>>number that I can verify online.
>>Otherwise we can negotiate a price for the name. If
>>you don't want to purchase the name, then I will use
>>it and setup my site in the coming months when my
>>schedule allows for yet another site bootstrapping
>>(which is what I intended to do all along).
>>I understand this is your livelihood and am willing to
>>be fair about it but I don't intend to give up my
>>domain name unless I have some documented proof that
>>the name really is how you're known or you do have
>>legal claim to it.
>>Thanks,
>>Tommy
>>
>>photosuperstar to me
>>More options May 25 (1 day ago)
>>
>>Tom, this is the name of my site. That is all you need
>>to know. The site has been active since December 2003.
>>When I am published I do not use the my nickname, I
>>use my real name.
>>The "photosuperstar" name is how I am known on the
>>internet in the blogging community.
>>Look man, I don't want this to get ridiculous but, I
>>have claim to that name, it has been in use for some
>>time now.
>>Do the right thing and drop the photosuperstar, it's
>>not you, it's me.
>>-Dean
>>
>>Tommy Suriwong to photosuperstar
>>More options May 25 (23 hours ago)
>>
>>Basically, you either have a legal claim or you don't.
>>I've made very reasonable requests and all you come
>>back is "it's mine, it's mine (but I don't have any
>>proof that it is." It's like saying, "well, you can't
>>name your child Dean because it's been it's how I'm
>>known on the Internet." I've been in domain name
>>disputes before, even with my own
>>employer and it's always comes down to proof of
>>ownership.
>>So far this is what we have:
>>1. You laid a legal claim to the name "photosuperstar"
>>stating that you have a trademark pending. I've done a
>>search on the US patent and trademark office's site
>>and there is no such trademark pending with the US
>>patent and trademark office. You have yet to provide
>>any evidence or an application number that I can use
>>to verify the
>>trademark status.
>>2. You laid claim that this is how "you are known".
>>You have failed to provide a single published magazine
>>or newspaper article that supports this claim. It is
>>in fact, not a business name or entity that is used
>>for your livelihood, it's just a nickname you say.
>>So it's come down to "it's my nickname." It's
>>unfortunate that you did not register your nickname
>>when you had the chance (you claim your site has been
>>active since 12/2003...I registered the domain name in
>>2004, why didn't you just register it when you created
>>your site?).
>>From what I can tell, your site has been active since
>>August 2004 (that's the earliest archive you have on
>>there) at which point you probably still could have
>>registered the domain name...again you chose not to.
>>As for doing the right thing, I am. I purchased the
>>domain name legally with an ICANN accredited registrar
>>which means I have theright to use it until the name
>>expires unless the legal trademarkowner can provide
>>the registrar with documented proof of their claim to
>>ownership of the domain name. At which point the
>>Uniform Domain Name Dispute process begins and no one
>>gets to use the name until it's
>>over.
>>Bottom line: provide some legal evidence and the
>>domain name is yours. Otherwise, I purchased it and I
>>will use it for my own site as I originally intended.
>>
>>photosuperstar to me
>>More options May 25 (18 hours ago)
>>
>>Here's the deal Tom, I don't have a trademark pending,
>>yet, at least, I do apologize for the the mislead,
>>but, your site with the "photosuperstar" is composed
>>the same way as mine, no space between the "photo and
>>superstar" to me, it is a little more than
>>coincidence, you may have done it innocently, and I do
>>believe you have.
>>The work that is on my site under the photosuperstar
>>name still counts as published work and if you look at
>>the lower left hand column it does say "typepad member
>>since December 2003"
>>There is work on this site that has been published
>>under my real name, which is also on this site, which
>>ties me to it, and the billing and everything else, I
>>am tied to this name.
>>So I can either reimburse you for the domain, (which
>>is not what I am after, it's the "photosuperstar" tag
>>that is attatched to it.)
>>I hope you can understand my concern here.
>>Let me know what you think, and I once again apologize
>>for the mislead.
>>Best,
>>-Dean
>>
>>
>>Tommy Suriwong to photosuperstar
>>More options May 25 (12 hours ago)
>>
>>So after you try to bully me into giving up something
>>that isrightfully mine with lies, you expect me to be
>>nice about it. I'm sure people who frequent your site
>>or your customers would not want to know how dishonest
>>you are.
>>The content on your site is not tied to the name
>>"photosuperstar.com" at all. Your site is called
>>"photosuperstar.[editedout].com" not
>>"photosuperstar.com" therefore your content is not
>>related to my domain name.
>>I tried to be reasonable about this, but you persisted
>>in trying to deceive me. Since you have not provided
>>reasonable legal claim and have admitted to having no
>>legal right to the domain name, I will not transfer it
>>to you for the registration fee. My asking price for
>>the domain name without a legal claim is $2000. If
>>you'd like to arrange
>>payment please contact me. Otherwise, your future
>>emails will be ignored."
>>
>> >>href="http://www.dodoskido.com/archives/001707-domain-
>n
>>ame-dispute-part-ii.html">http://www.dodoskido.com/arc
>h
>>ives/001707-domain-name-dispute-part-ii.html

>>
>>>So if Cap I. Tan is correct on Beattie's departure
>>>date, some of you actually noticed an improvement in
>>>the Trib's color reproduction before he said
>>farewell.
>>>
>>>That's interesting.
>>>
>>>As for looking through past posts, I really didn't
>>>find anything damning from the guy.
>>>
>>>Maybe you'd be kind enough to share that link.

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